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Home My WebLink AboutC2010-103 - 1/12/2010 - Approved_. r _'~ 2010-103 M2010-011 01/12/10 Garrett Construction Co. 5 P F C I~ L P R G ~I I S I C ..y' S ~ F C i F /~... ~ 1 v' ~ .~ F A R M S O F C Q 1~1 T R A C- T S Fs. N~ B 0 N C S, F 0 R GREENWOOD S4FT~iALL CO~~LE~ '~ POSE I , I L~ , & ITT ~ RE'~tOV~~ I ON ~ G15 N. L'paer Broadway ' Suite 1250 Corpus Christi, TX 78477-0050 T: 361 884-3295 F: 361 884-3298 ,.~~F,~~~,aa:;x~,e, v+rw~~.d.Ikarch.com ~`~ ~~. c ^ Tc:~ _ ~ - " ass' «,a 'fit' Ty T`! ;l .. Y .Y: ''^.o n e =av~ PROTECT NO: 3385 - RECQRD DRAWIA3G NO: CP-.172 N~ OS, 20D 1 (Revised 7/5/00) GREENWOOD SPORTS COMPLEX PHASE I, III, & IV RENOVATION PROJECT 3385 CORPUS CHRISTI, TEXAS Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 7/5/00) worker's Compensation Coverage For Building or Construction Projects For Government Entities PART A - SPECIAL PROVISIONS A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A-8 Faxed Proposals A-9 Acknowledgment of Addenda A-10 Wage Rates (Revised 7/5/00} A-11 Cooperation with Public Agencies (Revised 7/5/00} A-12 Maintenance of Services A-13 Area Access and Traffic Control A-14 Construction Equipment Spillage and Tracking A-15 Excavation and Removals A-16 Disposal/Salvage of Materials n--~-'---meld 9€€lee (Not Used) A-18 Schedule and Sequence of Construction A-19 Construction Staking A-20 Testing and Certification A-21 Project Signs A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98) A-23 Inspection Required (Revised 7/5/00) A-24 Surety Bonds A-25 Sales Tax Exemption (NO LONGER APPLICABLE) (6/11/98) A-26 Supplemental Insurance Requirements n ~~ n,...~.,..,.; ro.; , ; ~.. ~..~_ r,.....,g.. r-, ., (NOt USed) A-28 Considerations for Contract Award and Execution A-29 Contractor's Field Administration Staff A-30 Amended "Consideration of Contract" Requirements A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of .Contract" Requirements A-33 Conditions of Work A-34 Precedence of Contract Documents T -,~ ~,,.; , ; ~~ ~ .., ~..~ ,;.~~~r (Not Used) n-~ E i t~-Wa t o ~-~ r -~' A-36 Other Submittals (Revised 9/18/00} ~~ (Not Used} A-38 Worker's Compensation Coverage for Building or Construction Projects Government Entities A-39 Certificate of Occupancy .and Final Acceptance A-40 Amendment to Section B-8-o: Partial Estimates A-91 Ozone Advisory A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders {4/26/99) A-95 As-Built Dimensions and Drawings (7/5/00) (Not Used) ~ n n }. ~ r t rx -~-----~-~~-^~^~j (NOt Used) n A-98 Overhead Electrical Wires (7/5/00) A-49 Amended "Maintenance Guaranty" (8/24/00) A-SO Amended Prosecution and Progress Attachment T City Insert Bond 2008 Sign Exhibit PART B - GENERAL PROVISIONS PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS DIVISION 0 BIDDING AND CONTRACT REQUIREMENTS 00700 General Conditions of the Contract ............................................................. i A201 General Conditions of the Contract .................................................40 00800 Supplementary General Conditions .....:...............................:................:....14 DIVISION 1 -GENERAL REQUIREMENTS 01410 Summary of Work ..........:.......................................... ..................................4 01040 Mechanical and Electrical Coordination .................... ..................................3 01045 Cutting and Patching .. ...:. . ..................:................ ..... . . :.................................4 01050 Field Engineering :.......:.............................................. 3 ................................. 01095 Definitions and Standards .......................................... 1 ................................ 01152 Applications for Payment .......................................... :.................................4 01200 Project Meetings ........................................................ .................................. 3 01205 Procedures and Controls ............................................ .................................. 5 01340 .............................................:............... Submittals ..... .................................15 01410 Testing Laboratory Services .............................:........ 4 ................................ 01450 Windstorm Construction Requirements ..................................:................:..2 01500 Construction Facilities & Temporary Controls........:: ........................:.........~ 01600 Material and Equipment ..........:. .............. .......... ................................... 01605 .... Product Options and Substitutions ... ..................... :.......:...........:..............4 01700 Contract Closeout ...................:.:............................... ................................... 5 01710 Cleaning .................:.................................................. ...................................3 01720 Project Record Documents ...................................... .......... .....................3 01730 Operating and Maintenance Data ................ 4 01740 Warranties ................................................................. ...................................6 for 28 SITE IMPROVEMENTS & LANDSCAPING 028020 Seeding 514 ................................................................................................4 028040 Sodding 58 .................................................................................................2 DIVISION 3 -CONCRETE & REINFORCING STEEL 030020 Portland Cement Concrete S40 ...............................................................12 032020 Reinforcing Steel S42 (Includes Diagram) ................................................5 038000 Concrete Structures S41 ..........................................................................16 Refer to drawings sheet 34 -Structural General Notes for additional information. DIVISION 4 -MASONRY Refer to drawings sheet 34 -Structural General Notes for additional information. DIVISION 5 -METALS Refer to drawings sheet 34 -Structural General Notes for additional information. DIVISION 6 -WOOD AND PLASTICS 06100 Rough Carpentry ................. 06200 Finish Carpentry ................. ................................................................... 5 ................................................................... 5 DIVISION 7 -THERMAL AND MOISTURE PROTECTION 07460 Siding ...........................................,.............................................................10 07600 Flashing and Sheet Metal ............................................................................4 07612 Metal Roof .................................................................................................15 07920 Joint Sealers ...............................................................................................10 DIVISION 8 -DOORS AND V/INDOWS OS100 Steel Doors and Frames ............................................................................ 10 08625 Tubular Daylighting Device ....................................................................... 9 08700 Finish Hardware ..........................................................................................9 DIVISION 9 -FINISHES 09900 Painting .......................................................................................................4 DIVISION 2 - SITEWORK 021 SITE PREPARATION 021020 Site Clearing & Stripping S5 .......................................................................1 021040 Site Grading S6 .......................................................................:....................1 ........................ 0210$0 Removing Old Structures S55 •••••••-----•••••••••••••••••-•••••••••••••••2 022 EARTHWORK 022020 Excavation & Backfill for Utilities & Sewers 59 ........................................3 022022 Trench Safety for Excavations ..................................................................... l 022040. Street Excavation .....................................................................................:...2 022080 Embankment S 13 ........................................................................................2 022100 Select Material S 15 ......................................................................................1 022420 Silt Fence 597.................:...... .................................................. l 02280 Soil Pre-Treatment ....................................................................................... ~ 025 ROADWAY 025202 Scarifying & Reshaping Base Course S 23 ....................:. ...........................1 025205 Pavement Repair, Curb, Gutter, Sidewalk & Driveway Replacement S 54 .................................... ...........................2. 025210 Lime Stabilization S 2$ .........................................:.....................:.............. ~ 025220 Flexible Base Caliche ....................:................................. .......:.................... 2 025402 Planing Asphaltic Surfaces S27A ..........................:........ .........................: 2 025404 Asphalts, Oils and Emulsions S29 ............................:..... ..........................15 025412 Prime Coat S30 {Asphalt Material Only) ...............•.••••• ••••••••••••••••-••••••••••• 2 025414 Aggregate for Surface Treatment & Seal Coats S35 ...... ............................9 025416 Seal Coat S31 ............................................. .................... ....................~.......2 025418 ................................................. Surface Treatment S32 2 025424 Hot Mix Asphaltic Concrete Pavement (Class A) S34 .. ................:........... 7 025608 ...................... Inlets 563 .....:.................................. 025610 Concrete Curb and Gutter 552 ......................................: ••••••••••••••••-.........••2 025612 Concrete Sidewalks and Driveways S53 :.................:..... ............................2 025614 Concrete Curb Ramps ....................................:................. ............................2 025802 Temporary Traffic Controls During Construction ........... ...:........................ l 025805 Abbreviated Pavement Markings S 101 .::....................... .........................:..1 025807 Pavement Markings -Paint & Thermoplastic S45 ........ ............................2 026 WATERLINES 026202 Hydrostatic Testing of Pressure Systems S89 ............:................................2 026406 Private Water Service Lines S 1.12 ........................................:......:............... 3 026409 .Tapping Sleeves and Tapping Valves ..............................: .................. l 027 SEWERS & DRAINAGE 027203 Vacuum Testing of Sanitary Sewer Manhole- and Structures ...................... 2 027205 Fiberglass Manholes ...................................:................................................ 5 027402 Reinforced Concrete Pipe Culverts S60 ...:...................... 027602 Gravity Sanitary Sewer S61 .........................................................................6 07608 ...............:......................................................... ~ Private Sewer Services S39 DIVISION 10 -SPECIALTIES 10150 Toilet Partitions ........................................................................................... 5 10400 Signage ........................................................................................................ ~ 10800 Toilet Accessories ....................................................................................... 1 DIVISION 11 -EQUIPMENT NO WORK IN THIS SECTION DIVISION 12 -FURNISHINGS NO WORK 1N THIS SECTION DIVISION 13 -SPECIAL CONSTRUCTION NO WORK 1N THIS SECTION DIVISION 14 -CONVEYING SYSTEMS NO WORK IN THIS SECTION PART T - TECHNICAL SPECIFICATIONS DIVISION I S -MECHANICAL 15050 Mechanical Specifications ............................................................................ 3 15400 Plumbing Specifications ................................................................................6 DIVISION 16 -ELECTRICAL 16010 General Electrical Provisions ...................................... ................................ 6 16060 Grounding .................................................................... ................................5 16075 Electrical Identification ............................................... ................................4 16123 Wire and Cable ............................................................ ................................6 16136 Raceways ..................................................................... ................................ 9 16140 Wiring Devices ............................................................ ................................4 16441 Disconnect Switches .................................................... ............................ .... 16442 Low Voltage Panelboards ............................................ ................................7 16461 Dry Type Distribution Transformers ........................... ................................ 6 16510 Luminaires ..................................•-•---........................... ................................8 16671 Transient Voltage Surge Suppression .......................... ........................ 7 ........ 16740 Telephone/Data Systems ............................................. ................................2 LIST OF DRAWINGS SHEET CONSULTANT NO: SHEET NO: SHEET TITLE 1 O.I Title Sheet CIVIL (PHASE I) 2 C1 Estimated Quantities, Control Data & Sheet Index 3 C2 blew Restrooms -Utilities and Grading Plan 4 C3 Erosion & Sedimentation Control Plan 5 C4 Erosion & Sedimentation Control Details b CS Standard Water Details 7 C6 Standard Water Details 8 C7 Standard Water Details 9 C8 Standard Water Details 10 C9 Standard Water Details 11 CIO Sanitary Sewer Standard Details 12 C 11 Sanitary Sewer Standard Details 13 C12 Sanitary Sewer Standard Details 14 C 13 Sanitary Sewer Standard Details 15 C 14 Sanitary Sewer Standard Details CIVIL (PHASE III) 16 C1 Estimated Quantities, Control Data 17 C2 Existing Condition & Demolition Plan 18 C3 Dimension Control & Grading Plan 19 C4 Erosion & Sedimentation Control Plan 20 CS Erosion & Sedimentation Control Details 21 C6 Miscellaneous Details 22 C7 Miscellaneous Details CIVIL (PHASE IV} 23 C 1 Estimated Quantities, Control Data 24 C2 Existing Condition & Demolition Plan 25 C3 Dimension Control Plan 26 C4 Individual Parking Areas Grading Plan 27 CS Erosion & Sedimentation Control Plaz1 28 C6 Erosion & Sedimentation Control Details 2g C7 Miscellaneous Details 30 C8 Miscellaneous Details SHEET CONSULTANT No: SHEET No: SHEET TITLE ARCHITECTURAL (PHASE I) 31 Al.l Site Plan 32 A2.3 Restroom Floor Plan & Elevations 33 A2.4 Restroom Sections, Details & Schedules STRUCTURAL (PH ASE I) 34 S0.01 Structural General Notes 35 50.02 Structural General Notes 36 S 1.00 Restroom Foundation Plan 37 52.00 Restroom Roof Framing Plan 38 53.00 CMU Wall Elevations 39 54.00 Typical Foundation Details 40 54.01 Typical Foundation Details 41 54.05 Foundation Details 42 54.10 Typical CMU Details 43 54.15 Roof Details MECHANICAL {PHASE I} 44 M 1.1 Mechanical Floor Plans PLUMBING (PHASE I) 45 P1.0 Plumbing Site Plan 4b P1.1 DWV & Water Floor Plans & Schedules .ELECTRICAL (PHASE I) 47 DE 1.0 Demolition -Concession Floor Plan 4$ E 1.0 Electrical Site Plan 49 E1.1 Restroom Floor Plans 50 E2.1 Electrical Panel Schedules & Riser Diagram NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: GREENWOOD SOFTBALL COMPLEX PHASE I, III & IV; PROJECT NO. 3385 consists of • PHASE I - Construction of new restroom facility and necessary utility connections. New standing seam metal roof to existing concession stand building and dugouts. Electrical service and rough in as shown on plans. • PHASE III - New parking lot on Columbia Street. • PHASE IV - Overlay to existing parking lots on Greenwood and Columbia St. in accordance with the plans, specifications and contract documents; will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, November 25 2009, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for 10:00 a.m., Wednesday, November 18 2009 and will be conducted by the City. The location of the meeting will be the Department of Engineering Services Main Conference Roorn, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. A bid bond in the amount of 50 of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non- ~s'esponsive proposal which will not be considered.. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids . Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no/100 Dollars {$50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional {$10.00) which is a non-refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set aut in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ PETE ANAYA, P.E. Director of Engineering Services /s/ Armando Chaps City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS - A NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVBRAGS 30-Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PER 4CCURRSNCS / AGGREGATE Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability ~. Broad Form Property Damage g, Independent Contractors g, Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF WORKERS` COMPENSATION THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 $1,000,000 COMBINED SINGLE LIMIT EXCESS LIABILITX PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental ^ REQUIRED discharge; to include long-term ® NOT REQUIRED environmental impact for the disposal of contaminants See Section 8-6-11 and Supplemental BUILDERS' RISK Insurance Requirements ^ REQUIRED ® NOT REQUIRED See Section B-6-11 and Supplemental INSTALLATION FLOATER Insurance Requirements ^ REQUIRED ® NOT REQUIRED Paae l of 2 ^The City of Corpus Christi must be named as an additional insured on all coverages except worker's compensation liability coverage. ^The name of the project must be listed under "description of operations" on each certificate of insurance. L~For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-11 or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with .your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at 880-3500. Page 2 of 2 NOTICE TO CONTRACTORS 4 B NOTICE TO CONTRACTORS -- B WORKER' S COMPENSATION INSURANCE REQUIREMENTS Page 1 of 11 Texas Administrative Code TITLE z8 INSURANCE PART z TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §114.110 Reporting Requirements for Builkling or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas-Labor Code, if so defined. (1) Certificate of coverage {certificate)--A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation .insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction--Has the meaning defined in the Texas Labor Code, (3} Contractor--A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Cade, §401.011(44). {5) Coverage agreement--A written agreement on form TWCC-81, form TWCC-82, form TWCC-83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to-the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6} Duration of the project--Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7}Persons providing services on the project ("subcontractor" in §406A96 of the Act)--With the exception of persons excluded under subsections (h) and {i} of this section, includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity furnishing- persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable. toilets. (8} Project--Includes the provision of alI services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance cannier or, in the case of aself-insured, with the commission's Division of Self Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of paragraph (7} of this subsection, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph {7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: {A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; {5) retain certificates of coverage on file for the duration of the project and for three years thereafter; {6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law;, and (7) use the language contained in the following Figure 1 for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d} A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2} provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3}provide the governmental entity,. prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or persona] delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are.required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting.requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with. whom it contracts to provide services on a project to: (A} provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C} include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certif cate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; .and {ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (1~) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A)-(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. {e} A person providing services on a project, other than a contractor, shall: (I) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the ,coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and {B} prior to the end of the coverage period, a new certif Cate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of I 1 (6) retain all required certif cafes of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period. shown on the current certificate of coverage ends during the duration of the project; (E) obtain -from each other person under contract to it to provide services on the project, and provide as required by its contract: {i} a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certiftcate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subpaxagraph and subparagraphs (A)-(G} of this paragraph, with the certiftcate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given .effect without the invalid provision or application, and to this end the provisions of this .rule are declared to be severable. (g} This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September i, 1994, which are not required by law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 667Sc, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 667Sc, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c}, and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20). This subsection applies only to sole proprietors, partners, and corporate .executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions ofthis §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S 110.110(cl){7) ".REQUIRED WORKERS` COMPENSATIOIJ COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensatioY n~una labor or transportat'on or providing, hauling, or delivering equipment or rnaterials, o p 8' other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for• coverage, to verb whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8 of 1 I TZ gs ~ l o. x ~ a(~)(~) Article .Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate'}- A copy of a certificate of insurance, a certificate of authority to self insure issued by the commission, or a coverage agreement (T'WCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in x'406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials; or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, ojfce supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certifcate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certifccate of coverage, prior to that person beginning work on the project, so the _ governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate- of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Page 9 of 11 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal. delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Tezas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verb coverage and report lack of coverage. L The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classifrcation codes and payroll amounts and ftling ofany coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certifcate of coverage showing extension of coverage, if the coverage period shown on the cz[rrent certificate of coverage ends during the duration of the project; (4) obtain from each, other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage; prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on-the current certificate of coverage ends during the duration of the project,- (S) retain. all required certificates of coverage on file for the duration of the project and for one year thereafter,- (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the cert fcafes of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor-who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based an proper reporting of classifrcation codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self- Page 10 of 1 1 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page I 1 of 1 i GREENWOOD SOFTBALL COMPLEX PHASE I, III, & IV RENOVATION PROJECT NO. 3385 SECTION A - SPECIAL PROVISIONS A 1 Time and Place of Receiving Proposals/Pre-Bid Meetin Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2.00 p m Wednesday, November 25, 2009. Proposals mailed should be addressed in the following manner: City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL GREENWOOD SOFTBALL COMPLEX PHASE I, III, & IV RENOVATIONS, PROJECT N0. 3385 Any proposals not physically is possession of the City Secretary's Office at the time and date of -bid opening will be deemed late and non-responsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent/representative, U.S. Mail ar other delivery service, to any City address or office other than the City Secretary's Office will be deemed nan-responsive if not in possession of the City Secretary's Office prior to the date and time of bid opening. A pre-bid meeting will be-.held on Wednesday, November 18, 2009, beginning at 10:08 AM. The meeting will- convene at the Engineering Services Main Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX. and will include a discussion of the project elements. If requested, a site visit will follow. No additional or se arate visitations will be conducted b the Cit A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern. A-3 Description of Prop The proj$cts is divided into three phases: • PHASE I - Construction of new restroom facility and necessary utility connections. New standing seam metal roof to existing concession stand. building and dugouts. Electrical service and rough in as shown oa plans. • PHASE IIT - New parking lot on Columbia Street. • PHASE IV - Overlay to existing panting Lots on Greenwood and Columbia Streets. A-4 Method of Award The bids will be evaluated based on the following order of priority ~,. Total Base Bid Phases I, III & IV, or 2, Total Base Bid Phases I, III & IV less Deductive Alternate Section A - SP (Revised 12/15/04) Page 1 of 22 The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. A-5 Items to be Submitted with Proposal The following items are required to be submitted-with the proposal: 1. 5~ Bid Bond .(Must reference GRSSNWOOD SOFTBALL COMPLS% PHASE I, III, & IV RENOVATIONS, PROJECT N0. 3385 as identified in the Pro osal) (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement 3. Recruirements as stated in A-28, 29 and 30 of these special provisions. A-6 Time of Completion/Liquidated Damages The working time for completion of the Project will be 180 calendar da s. The Contractor -shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer"} to proceed. For each calendar day that any work remains incomplete after the time specified in the Contract for .completion of the work or after such-time period as extended pursuant to other provisions of this Contract, $100 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work, which damages by their nature are not capable of precise proof. The Director of Engineering Services (City Engineer} may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A '7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for. its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the. requirements of this Contract is not in effect on the effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project.. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for its employees working on the Project until the date replacement workers'' compensation insurance coverage, meeting the requirements of this Contract, is in effect for. those Contractor employees, liquidated damages will be assessed against-and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate. without notice .from- the City Engineer to the Contractor and will be assessed- and paid even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract, the Contractor shall not permit subcontractors or others to work on the, Project unless all such individuals working on the Project are covered by workers' compensation insurance and unless the required documentation of such coverage. has been provided to the Contractor and-the City.Engineer. Section A - SP {Revised 12/15/04) Page 2 of 22 A-8 Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. A-9 Acknowled ent of Addenda The Contractor .shall acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse .effect when determining the lowest responsible bidder. A-10 Way ecZ Rates (Revised 7/5/00) Labor preference and wage rates for Building & Heavy Construction. In case of conflict, Contractor shall use higher wage rate. MisuimIIn Prevailing Wage Scales The Corpus Christi City Coinzcil has determined the gex~esa7- Prevailing mininnan hourly krage rates for Nueces County, Texas as set out in Part C. The Caritractor and arty subcontractor must not pay less than the specified vrage rates to all laborers, worlamn, and. mechanics employed by them in the execution of the Contract. The Contractor or subcontractor sha7.1 forfeit sixty dollars ($60.00) per calendar' day, or Portion thereof, for each laborer, workman, or mechanic employed, if such person. is paid less than the specified rates for the classification of work perforn~d. The- Contractor and each subcontractor must keep an accurate record stowing the names and classifications of all ] aborers, workmPSi, and mx-l~an9 cs employed by than in connection with the Project and showing the actual wages paid to each worker . The Contractor will make bi-weekly testified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors acid others working on the Project. 'These documents will also be submitted to the City Engineer bi-weekly. (See section for Miawrity/Minority Business Enterprise Participation Policy for additional regiurements concerning the proper form anti content of the payroll submittals. ) One and cme-half (1~4) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in arty one week and for all hours worked on Sundays or holidays_ (See Section B-1-1, Definition of Terms, and Section B-7-b, Working Hours.} A-11 Cooperation with Public Agmc'es (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. 'The Contractor shall provide a forty-eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of arty facility by using the Texas One-Call System 1-800-245-4545, the Lone Star Notification Company at 1-800-669-8344, and the Verizon Dig Alert, 1-800-483-6279. For the Contractor's convenience, the following telephone rn~nbers are listed. City Engineer 826-3500 fZVE II1git.~s 887-8851 CLK Architects & Associates Inc. 884-3295 Traffic F`~-,ginaPring 826-3540 Police Department 882-1911 826-1880 (626-3140 after hours) Water wit Wastewater Depaxt<nent 826-1818 (826-3140 after hours} Gas Depaz-tmetlt 885-6900 {885-6900 after hwrs) Storm Water Dot 826-1881 (826-3140 after hours) Sectioa A - SP (Revised 12/15/04) gage 3 of 22 Parks & Recreaticm Departn-ent Streets & Solid waste Services AE P AT&TJS B C City Street Div. for Traffic Signal/Fiber Optic IACate C:ablevision ACSI (Fiber Optic} KNSC (Fiber Optic} ChaiceCom (Fiber Optic) CAPROC2C (Fiber Optic} Brooks Fiber Optic (MAN} A-12 Maintenance of Services 826-3461 826-1970 299-4833 (693-9444 after hours} 881-2511 (1-800-824-4424,after hours) 826-1946 826-1960 857-5000 (857-5060 after hours) 887-9200 (Pager 800-724-3624) 813-1124 (Pager 888-204-1679) 881-5767 (Pager 850-2981) 512/935-0958 (Mobile) 972-753-4355 . The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings show as much information as can be reasonably obtained from existing as-built drawings, base maps,. utility records, etc.. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground utilities, etc. However, the accuracy and completeness of such information is not guaranteed.- It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings, the. Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to-the requirements of the company or agency that owns the utilities. Where existing sewers are encountered and are interfered with (i.e. broken,, cut, etc.), flow must be maintained.- Sewage or other liquid must be handled by the Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped,. bailed or flumed over the streets or ground surface and Contractor must, pay for all fines and remediation that may result if sewage or other liquid contacts-the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. A-13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of the public. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, etc. The Contractor shall comply with. the City of Corpus Christi's Uniform Barricading Standards and Practices as adopted by the City. Copies of this- document are available through ,the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. Section A - SP (Revised 12/15/04) Page 4 of 22 All costs for traffic control are considered subsidiary; therefore, no direct payment will be made to Contractor. A 14 Construction Equipmeat Spillage and Tracking The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Band labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job-related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A-15 Excavation and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation"; therefore, no direct payment will be made to Contractor. A-16 Disposal/Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. A-17 .Field Office HOT USED A-18 Schedule and Se eace of Construction The Contractor shall submit to the City Engineer a work plan based only-on cAZSrmaR days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre-construction meeting. The plan must indicate the schedule of the following work items: SecCion A - SP (Revised 12/15/04) Page 5 of 22 1. Initial Schedule: Submit to the City Engineer three (3} days prior to the Pre-Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, 'identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual. progress of each stage by percentage against initial Schedule. A-19 Construction Project Layout and Control The drawings may depict but not necessary include: lines, slopes; grades,. sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two (2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work.- If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no cost to the Contractor. Control points or bench marks damaged as a result of the Contractor's negligence will be restored by the City or Consultant. Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in .the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the- Contractor shall provide supporting measurements as required for the City or Consultant Project Engineer to revise the drawings. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared. by a Third Party independent Registered Professional band Survey (R.P.L.S.) licensed in the state of Texas retained and paid by the Contractor. Th.e Third Party R.P.L.S. shall be approved by the City prior to any work. Any .discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: Streets: • All curb returns at point of tangencyJpoint of circumference • Curb and gutter flow line - both sides of street on a 200' interval; • Street crowns on a 200` interval and at all intersections. Wastewater: Section A - SP (Revised 12/15/04) Page 6 0£ 22 • All rim/invert elevations at manholes; + All intersecting lines in manholes; • Casing elevations (top of pipe and flow line} (TXDOT and RR permits). Water: • All top of valves box; • Valves vaults rim; • Casing elevations (top of pipe and flow line} (TXDOT and RR permits}. Stormwater: • All rim/invert elevations at manholes; • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits}- A-20 Testiag and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. Tn the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City Engineer. A-21 Project Signs The Contractor must install 1 project sign furnished by the City as indicated in "Attachment 1 - Bond 2008 Project Sign." The sign must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the sign will be determined in the field by the City Engineer. A 22 Minority/Minority Business Enterprise Partici ation Polic (Revised 10/98) ~.. Polic Zt is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both. for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or-joint venture as herein provided which has been awarded a City contract. b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. Section A - SP {Revised 12/15/04) Page 7 of 22 c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person{s}. Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority persons} must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a} For a sole proprietorship to be deemed a minority business enterprise, it-must be owned by a minority person.. {b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or .more minority person{s). {c} For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority person (s) . 2. Controlled The primary power, direct or indirect, to manage a business enterprise. rests with a minority persons}. 3. Share in Payments .Minority partners, proprietor or stockholders, of the enterprise, as the case may be, must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0°s of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. Section A - SP iReviaed 12/15/04) Page 8 of 22 3. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Minority Participation Minority Business 8nterprise (Percent) Participation (Percent) 45 ~ 15 ~ b. These goals are applicable to all the construction work (regardless of federal participation) performed in the ContracC, including approved change orders. The .hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. 4. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by cogies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi-weekly payrolls in a timely fashion or to submit overall participation information as required. A-23 Ins ection Re iced (Revised 7/5/00) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. Section 8-6-2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water/wastewater meter fees and tap fees as required by City. A-24 Surety Bonds Paragraph two (2} of Section B-3-4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the .State of Texas. If performance and payment bonds are in an amount in excess of ten percent (l0~) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City Attorney that the Surety Company has reinsured the portion of Sectioa A - SP (Revised 12/15/04) Page 9 of 22 the bond amount that exceeds ten percent {10%) of the Surety Company's capital and surplus with reinsurers} authorized to do' business in the State of Texas. The amount of the bond reinsured by any reinsurer may not- exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." A-25 Sales Tax Exemption (NOT IISED) , , 7 . ~ , r A-26 Sup lemeatal Insurance Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer,. stating: Section A - SP (Revised 12/15/04) Page id of 22 In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material Chan e to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract .Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within thirty {30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents. Within thirty (30) calendar days after the .date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for .all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City. is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance- coverage obtained in accordance with Section B-6-11• {a) of the Contract, the Contractor shall obtain an endorsement to .this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time .resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply- except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. A-27 Res onsibilit for Dania a Claims Paragraph {a) General Liability of Section 8-6-11 of the General Provisions is amended to include: Contractor must provide Builder's Risk insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Builder's Risk coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such Builder's Risk insurance coverage, including any deductible. The City must be named additional insured on any policies providing such insurance coverage. Section A - SP (Revised 12/15/04) Page 11 of 22 A-28 Considerations for Contract Award and Execution To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed ,contract, the City Engineer requires a bidder to provide the following documentation with the bid concerning: 1. Whether any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2} years. The bidder shall specify. the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and the date of the release of the lien. If any such Lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2} years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis .for the claim, and an explanation why the-claim has not been paid. A bidder may also be required to supply construction references and a financial statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed. and dated by the bidder's owner, president or other authorized party, specifying all current assets and liabilities. A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include the following: 1. The Superintendent must have at least five t5) years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal -and state wage rate requirements, and City contract close--out procedures.. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements must be submitted with the bid proposal and will be reviewed by the City Engineer. The.Contractor's field administration staff, and any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Such written approval of field administration staff is a prerequisite- to the City ffigineer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the terns of this Contract. Sf the Contractor fails to obtain prior written approval of the City Engineer .concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a ` basis to annul the Contract pursuant to section B-7-13. Section A - SP (Revised 12/25/04) Page 12 of 22 A-30 Amended "Consideration of Contract" Re irementa Under "General Provisions and Requirements for Municipal Construction Contracts" Section 8-3-1 Consideration of Contract add the following text: .-~..~~ ~ ~€,aaa~E+t -~ All bidders must submit to the City ~re~e~~e~~~e~e~3 Engineer the following information with the proposal: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. Fi schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning. work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor. previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-7-13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; 8. Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. 9. Documentation as required by Special Provision A-35-K, if applicable. Section A - SP (Revised 12/15/04) Page 13 of 22 10. With the bid proposal bidders must submit in letter form, information identifying type of entity and state, i.e., Texas (or other state} Corporation or Partaerahip, and game(s) and Title{s} of individual(s) authorized to execute contracts on behalf of said entity. A-31 Amended Policy on Extra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor ac}mowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering - Services or his designee. The Contractor also acimowledges that the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acloaowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A-32 Amended "Execution of Cemtract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5 Execution of Contract add the following: -The-award of the Contract may be rescinded at any time prior to the date the City Engineer. delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and. City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under. the Contract, until the date the City. Engineer. delivers the signed Contracts to the Contractor. A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project.. Failure to do so will not excuse a bidder of his. obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Bid Meeting referred to in Special Provisioa A-1. A-34 Precedence. of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special provisions, third precedence will be given to the construction plans, fourth precedence will be given. to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other .referenced specifications, such as the Texas Department of Public. Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence will be given to addenda, Special Provisions and Supplemental Special Provisions {if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in .that order. A-35 City Water Facilities: Special Requirements (NOT US$D) . l Section A - SF (Revised 12/15/04} Page 14 of 22 ~ ~ e}3a~~ }~ee~~ve~~E a~ea~ e~ea~t dam- P1AwTPDTY"T AD 1 G+ /~1S GiTTTJ n'QpT~TD~TT A ~'3a~-a~a~ge, ~l~- e~ dad}fie I ~ ~ a'- .~-- '~,c ~ ~~., ~--a~~ ~~a,.~, T` 4""`' s Section A - SP (Revised 12/15/04) Page 15 of 22 . F~e9 ~~~3a-~eE~ ~p--('}~~-~da~e~ r. ,..~.,,e a. ~ FF 'n, , n 3- P~'6~ 1,<,., ., r~ *• ~--~~ea~~~-~•a~P•~e~--vas-~•~--ee~a~~--tea e•~'-~~•~ee~ a E}-b~-C~~•~--~d a ~ e ~ _,. . ~ r F .a `aT, t,t crs€xca-cc°dc' , .i r Mj ~° .~, i~fO~~F €~e~v#~es, ~tt~ ~9 ~e~ ~}~t€~e~ ~c,-~crB ~ ~rt'a~~e~'3 , S, •,,~,a; ~';,•,,•,, , ~ ~ ~ ~ ~ ~ ~~•e ~a~ 3i4Q-£'9~1~~•A~-o-~-8f r -e~~age~- ~e--~=e ee~g~t~e~ ~-.. °a cettl ~~83:33e9B-p~z ~.•, Y rr~ .,~: ~..r '~ ~aT ~ ~_,~ ~.,,~ i 3 ~Fe~a~e-~aee~-~•e~ 4 -~•Fe-e~g~eys a ~ te~Y-eega~e~ €~ ~'^~P~ ~~ vv eg~s~e~e~ n~^.,~~ 7. ~~}s ~~FTee~ vale have ~ ~ • ~ ter" ° ~F,, .; °a ,,., +~ ~~~--~,p•~e~s~e~se eemg~e€e~ a-~~ ae~-•~~rg~e~te~t€~e 6 •-~F~-tea€e~a~~s a ~am~a}e, ~ePa} ~ ,, , , F ' e~ e~e t~€ae~e~e~s-s €~a€~~~g ee~•~se ~ g ~~e apee~€~~~ ~. ---pe~~ttaeet~~; €=•,~~a=c a .,.a ~, eat}~~a~e, e~ va~•e~3- ~s ~~e--~~e~~t € ~ ^^F"-~~~' , °Y,.~ e~ a€ ~~ r^a ~~~ ~ s ~~~ va€~~ ~e- E,~e e~ --s~e~ ~ e~ra~ea~•~a a~~ €}~~e~ etc€ ~ ~ ~~ ~ ire-•~e~€~ae~e•~- ~~x~~s ~egtt€~e~ ~~~; - ~~s€e~t r-g4ve~ €e ~3~ €~e-~eq~a~r~t}~g- •3•s-~~€~~~e~~e~ ~e~a-e~e~ via€~~ -~~e ~te~ a -s €e s~ev~ ~,,° .,r,.^Y.._.~;_ 7 ~~~ae~e~ }s a~ eaea~~~e -e€ ~~ e Est-~~~g•€~ee~ • ~ ~. .., , ,.~.. ~3ase '€~e--~~~'~ w ~ ~o-~3~ev~l a•~•~-e•€ one-~e~}~eE}•-e gee=a}fie „ ~.,.,:,~- °^a,.~- e~ _ a y a„ ~..--~,i•~ nee~fl :-- ana ~ r; ..7 -:~-.-c~ ~~ Section A - SP (Revised 12/15/04) Page 16 of 22 m,.. ~,1~.. -n.. - __- a Ham. J s t~Fa~er--~-e~z,= e eet at f=re ,., r~ A~-~renehxng--€er~-~--gam ~- ,., , , .~ A-36 Other Submittals 1. Sho Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. b. Reproducibles: In addition to the required copies, the Contractor shall also submit one (1) reproducible transparency for all shop drawings. c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer far approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy. to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental .to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers' standard colors, .textures, and patterns for City Engineer's selection. Sectioa A - SP (ReviBed 12/15/04) Page 17 of 22 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must submit three {3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. A-37 Amended "Arrangement and Charge for Water Etisrnished by the City° NOT IISBD a .•~,_ ~ T.,...-„ _ - *~l ..~. .. ~ ry, add the F..,-=~ A-38 Worker's Com ensatioa Covers a fox Buildin or Construction Pro'eets for Government Sntitiea The requirements of "Notice to Contractors 'B "' are incorporated by reference in this Special Provision. A-39 Certificate of Occupancy and Final Acceptance The issuance of a certificate of occupancy for improvements .does not constitute final acceptance of the improvements under General Provision B-8- 9. A-40 Amendment to Section 8-8-6: Partial 8stimates General Provisions and Requirements for Municipal Construction Contracts Section 8-8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will not include the net invoice value of acceptable, non-perishable materials delivered to the Project worksite unless the Contractor provides the City Engineer with documents, satisfactory. to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A-41 Ozone Advisory Priming and hot-mix paving operations must not be conducted on days for which an ozone advisory has been issued, except for repairs. The City Engineer will notify Contractor about ozone alert,. If a delay such as this is experienced, the day will not. be counted as a work day and the Contractor will be compensated at the unit price indicated in the proposal. A-42 OSHA Rules & Regulations It is the responsibility of the Contractor{s) to adhere to all applicable OSHA rules and regulations while performing any .and all City-related projects and or jobs. A-43 Amended Indemnification & Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21 Indemnification & Hold Harmless, text is deleted in its entirety and the following is substituted in lieu thereof:' Section A - SP (Revised 12/15/04) Page 18 of 22 The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to alI prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 As-built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location {horizontal and vertical} of all facilities. (b} Ugon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) Horizontal and vertical dimensions due to substitutions/field changes_ (2) Changes in equipment and dimensions due to substitutions. (3} "Nameplate" data on all installed equipment. {4) Deletions, additions, and changes to scope of work. {5} Any other changes made. A-46 Disposal of Highly Chlorinated water (7/5/OO) (NOT USED) -- - Section A - SP (Revised 12/15/04) Page 19 0£ 22 A-47 Pre-Construction Exploratory Excavations (7/5/00) (NOT USED) ~~ e-1-e~~at}eats of the ~ ~'':., ~, N ~ N ~T - A-48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and. with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with CP&L and inform CP&L of his construction schedule with regard to said overhead lines. .Some overhead lines are shown in the construction plans, while others are not. It-shall be the Contractor's sole responsibility to provide for adequate safety with regard to ,overhead lines whether shown in the plans or not.- A-49 Ameaded "Maintenance Guaranty" (6/24/00) Under "General Provisions and Requirements for Municipal- Construction Contracts", B-S-11 Maintenance Guaranty, add. the, following: "The Contractor's guarantee is a separate, additional remedy .available to benefit -the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity.° Sectioa A - SP (Revised 12/15/04) Page 20 of 22 A-50 Amended Prosecution and Progress Under "General Provisions and Requirements for Municipal Construction Contracts," B-7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later date, the Contractor may request payment for demobilization/ remobilization costs. Such costs shall be addressed through a change order to the Contract." Section A - SP (Revised 12/15/04} Page 21 of 22 SUBMITTAL TRANSMITTAL RORM PROJECT: GREENWOOD SORTBALL COMPL$X - PHASE I, III & IV; PROJECT No. 3385 OWNER: CITY OF CORPUS CHRISTI ARCHITECT: CLK ARCHITECTS & ASSOCIATES INC. CONTRACTOR: SUBMITTAL DATE: APPLICABLI3 SPSCIRICATION OR DRAWING SUBMITTAL NUMBER: SUBMITTAL Section A - SP {Revised 12/15/04) Page 22 of 22 A G R E E M E N T THE STATE OF TEXAS ~ COUNTY OF NUECES § THIS AGREEMENT is entered into this 12TH day of JANUARY, 2010, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and GARETT CONSTRUCTION COMPANY termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $560,087.80 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: GREENWOOD SOFTBALL COMPLEX PHASE I, III, & IV RENOVATION PROJECT NO. 3385 (TOTAL BASE BID: $560,087.80) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Agreement Page 1 of 2 PHASE I - ALL WORK NECESSARY AS SHOWN ON CONSTRUCTION DOCUMENTS FOR THE CONSTRUCTION OF NEW RESTROOM FACILITY, NEW STANDING SEAM METAL ROOF FOR THE EXISTING CONCESSION BUILDING AND DUGOUTS. PER LUMP SUM $ ~~ 5 ~ rJ ~ ~ ' ~ 5 PHASE III - ALL WORK NECESSARY ~iS SHOWN ON CONSTRUCTION DOCUMENTS FOR THE CONSTRUCTION OF NEW PARKING LOT ON COLUMBIA PARKWAY, PER LUMP SUM $ I ~-I• n1 ~ 5 ~ g ` 25 PHASE IV - BASE BID - ALL WORK NECESSARY AS SHOWN ON CONSTRUCTION DOCUMENTS FOR ASPHALT OVERLAY OF EXISTING PARKING LOTS ON GREENWOOD SIDE OF COMPLEX AND2~NG COLUMBIA PARKWAY PER LUMP SUM $~ ~ '-T ~ ~ ~ ~ n TOTAL BASE BID - PHASE I, III & IV $ ~ ~IJ~~d ~~7• ~~ DEDUCTIVE ALTERNATE PHASE IV PROVIDE SEAL COAT TO EXISTING PARKING AREAS ON GRE AND COLUMBIA PARKWAY IN LIES Obi ~S/~Y T~O~ R,~ji~ Q ~~~~ ID less DEDUCTIVE ALTERNATE PHASE IV ~ 5 Z 2, q 8'1 • go The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. PROPOSAL FORM PAGE 3 OF 6 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 180 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above.. ATTES P Cit Secretary CITY OF C RPUS C STI By : ~~ "' Juan Perales Jr.,P.E. Assistant City Manager Engineering/Development Services APPROVED S TO 7~EGAL FORM: B y : ~°~''7~ Asst. City Attorney ATTEST: (If Corporati ) C~~ (Seal Below) (Note: If Person signing for corporation is not President, attach copy of authorization to sign) By: Pete Anaya, P.E. Director of Engineering Services CONTRACTOR Garrett Construction Co an By: Title : / (rG~r P.O. BOX 1028 (Address) INGLESIDE, TX 78362 (City) (State)(ZIP) 361/643-7575 * 361/776-3993 (Phone) (Fax) Agreement Page 2 of 2 ~ ~ ~,,,~... AUTHORt2E~ SECS TARP . P R O P O S A L F O R M F O R GREENWOOD SOFTBALL COMPLEX PHASE I, III, & IV RENOVATION PROJECT NO. 3385 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS PROPOSAL FORM PAGE 1 OF 6 P R O P O S A L Place : l ~~ l~5 ~" `f t5" ' Date : ~ ~ 0 ~~~ 2 ~ 2~~ Proposa]_ o f Gar ~e,~k- C.~ r~h'~, ~-i;Q~ Ca~par~y a Corporation organized and existing under the laws of the ~` State of O ~~Q15 OR a Partnership or Individual doing business as TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: GREENWOOD SOFTBALL COMPLEX PHASE I, III, & IV RENOVATION PROJECT NO. 3385 at the locations set out by the plans and specifications and in strict accordance with the contract documents (All quantities are defined in the contract documents). The price to perform the work is as follows: PROPOSAL FORM PAGE 2 OF 6 PHASE I - ALL WORK NECESSARY AS SHOWN ON CONSTRUCTION DOCUMENTS FOR THE CONSTRUCTION OF NEW RESTROOM FACILITY, NEW STANDING SEAM METAL ROOF FOR THE EXISTING CONCESSION BUILDING AND DUGOUTS. PER LUMP SUM $ ~~ 5 ' S ~ ~ ~ ~ 5 PHASE- III - ALL WORK NECESSARY AS SHOWN ON CONSTRUCTION DOCUMENTS FOR THE CONSTRUCTION OF NEW PARKING LOT ON COLUMBIA PARKWAY, PER LUMP SUM S ~T.~S ~ ~ ` 25 PHASE IV - BASE BID - ALL WORK NECESSARY. AS SHOWN ON CONSTRUCTION DOCUMENTS FOR ASPHALT OVERLAY OF EXISTING PARKING LOTS ON GREENWOOD SIDE OF COMPLEX AND ONG COLUMBIA PARKWAY PER LUMP SUM $ + ~ !1 TOTAL BASE BID - PHASE I , III & IV $ ~ !L V ~ ~ ~~~ • ~~ DEDUCTIVE ALTERNATE PHASE IV PROVIDE SEAL COAT TO EXISTING PARKING AREAS ON GREET AND COLUMBIA PARKWAY IN LIEU DOF/ ,6~T OVER' Q O O TOTAL ess DEDUCTIVE ALTERNATE PHASE IV ~ 5 22, q 8'1 ~ go The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. PROPOSAL FORM PAGE 3 OF 6 Upon notification of award of contract, we will within ten (10) calendardays execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond (as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in. the amount of 5% of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority/Minority Business Enterprise Participation: The apparent low bidder shall, within five days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets . Time of Completion: The undersigned agrees to complete the work within 180 calendar days from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number) (SEi~L - IF BIDDER ZS a Corporation) NOTE: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. Respectfully submitted: Name: n J. t{e By: IGNATUREj Address : _Q Q • ~01~ ~OZg (P.O. Box) ~ (Street) S (02 (Ci ) (State) (Zip) Telephone: (31P~~ ~y~-{~J-7575 (Revised August 2000) PROPOSAL FORM PAGE 4 OF 6 ~- P E R F O R M A N C E B O N D STATE OF TEXAS ~ BOND N0. 2304745 ErTOW ALL BY THESE PRESENTS: COUNTY OF NUECES ~ THAT Garrett Construction Company of SAN PARTICIO County, Texas, hereinafter called "Principal", and INSURANCE COMPANY OF THE WEST * ~ a corporation organized under the laws of the State of CALIFORNIA , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of .Nueces County, Texas, hereinafter called "City", in the penal sum of FIVE HUNDRED SIXTY THOUSAND, EIGHTY-SEVEN AND 80/100 _($560,087.80) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: * INDEPENDENCE CASUALTY & SURETY CO. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 12TH of JANUARY 20 10 a copy of which is hereto attached and made a part hereof, for the construction of: GREENWOOD SOFTBALL COMPLEX PHASE I, III, ~ IV RENOVATION ~ PROJECT NO. 3385 (TOTAL BASE BID: $560,087.80) ® NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if ~ the principal shall repair and/or replace all defects due to faulty materials and/or workmanship. that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain ~ in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that ~ no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be A performed thereunder. Performance Bond Page 1 of 2 S"', This bond is given to meet the requirements of Article 5160, ~`- Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. r The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had ~° in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WSEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 26TH day O f JANUARY r 2 ~ 10 PRINCIPAL GARRETT CONSTRUCTION COMPANY By: a JON J. ARRETT, PRESIDENT (Print Name & Title) ATTEST ~S E LESLIE PRICE, SECRETARY (Print Name & Title) ~ SURETY INSURANCE COMPANY OF THE WEST e INDEPENDENCE CASUALTY & SURETY CO. e g y ; ..~ Attorne - -fact ~ MARY EL N MOORE (Print Name) ~ SWANTNER & GORDON INSURANCE AGENCY Agency: Contact Person: MARY ELLEN MOOR . - AC1~'e33: P,O. BOX 870 CORPUS CHRISTI, TEXAS 78403 Phone Number: 361-883-1711 a (NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/08) Performance Bond ~ Page 2 of 2 P A Y M E N T B O N D BOND NO. 2304745 STATE OF TEXAS § COUNTY OF NUECES § IQJOW ALL BY THESE PRESENTS: THAT Garrett Construction Company of SAN PATRICIO County, Texas, hereinafter called "Principal", and INSURANCE COMPANY OF THE WEST * , a corporation organized under the laws of the State of CALIFORNIA , and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of FIVE HUNDRED SIXTY THOUSAND, EIGHTY-SEVEN AND 80/100 ($560,087.80) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: * INDEPENDENCE CASUALTY & SURETY CO. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 12TH day JANUARY 20 10 a copy of which is hereto attached and made a part hereof, for the construction of: GREENWOOD SOFTBALL COMPLEX ~ PHASE I, III, ~ IV RENOVATION PROJECT NO. 3385 (TOTAL BASE BID: $560,087.80) i NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and ~ material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification ° to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material", as used herein are in accordance with and as defined in said g, Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WSEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 26TH d a y O f JANUARY , 2 0 10 PRINCIPAL GARRETT CONSTRUCTION COMPANY ~' B y : JON J. GA TT, PRESIDENT (Print Name & Title) ATTEST ~s~ ~--~ LESLIE PRICE, SECRETARY (Print Name & Title) SURETY INSURANCE COMPANY OF THE WEST INDEPENDENCE CASUALTY & SURETY CO. By: Attorney ~ fact MARY ELLEN MOORS (Print Name) ~en~-~S; SWANTNER & GORDON INSURANCE AGENCY Contact Person: MARY ELLEN MOORS Addre88: P,0 BOX 870 CORPUS CHRISTI, TEXAS 78403 Phone Number: 361-883-1711 (NOTE: Date of Payment Bond must not be prior to date of contract) {Revised 3/08) Payment Bond Page 2 of 2 ~R~ CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDWYYYY) O ~ A GJIRCO 01/29/10 CI PRODUCER THIS CERTIFICATE LR ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3aaatn®r ~ Gordoa Ias Agcy-CC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO $ox 870 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Corpus Christi TS 78403-0870 Phoarte:36I-883-1711 Fax:361-844-0101 IN3URER3 AFFORDING COVERAGE NAIC s I~uRED INSURER A 8mployers Ini Co of Wausau INSURER e: 11Piusiu Uaderariteri Ins 26042 G>Arrett Constr~ctiooa Company r a18 • Iac . ~ INSURER c: 8vsrest lotatioetal Ias CO 10120 ~xl~g P O gg I 78362 1028 l id INSURER O: Texas Mutual Ins Co 22945 ng - es e T7C INSURER E: Trawlers Ll Ias Co 41261 covERn-~Es THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERK)D INDICATED. NOTW RH87ANDING ANY REQUIREMENT, TERM OR CONDITKN~1 OF ANY CONTRACT OR OTHER DOCUMENT W RH RESPECT TO W RICH THIS CERTIFK:ATE MAY ~ ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITION8 OF SUCH POLICIES. AGGREGATE LIMBS 8HOWN MAY HAVE BEEN REDUCED BY PAID CWMS. LTR TYPE OF INSU POLK;Y NUMBER GATE DATE UMRS GENERALLUUpL1TY EACH OCCURRENCE $ 1, GOO,000 A X COMMERCIAL GENERALLIABILRV YYCZ91452419029 07/16/09 07/26/10 PREMISES Eaaavrence) $ 100,000 CLAIMS MADE X^ OCCUR MED EXP (Any one persm) $ 5 , 0 0 O ~ PERSONAL& ADV INJURY $ 1, GOO, OOO GENERAL AGGREGATE $ 2, GOO, 000 GEN'L AGGREGATE UMR APPLIES PER: PRODUCTS - COMP/OP AGG $ 1, O O O , O OO POLICY 7L JECaT LOC E8L 1, GOO, OOO AUT OMOBILE LUIBILRY COMBINED SINGLE LIMR 1 000 000 8 ][ ANYnuro A$J'Z91451429019 07/26/09 07/16/10 ~'~i°°"`) , , $ ALL OW NED AUTOS 800iLY INJURY SCHEDULED AUTOS ~ ~ (~ ~~) $ X HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (~ ~~) $ PROPERTY DAMAGE (Per ecdderrt) $ GARAGE LUIBILRY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMSRELLALUIBILRY EACH OCCURRENCE $ ,000,000 C X OCCUR ~ CLAIMSMADE 7105000076091 07/26/09 07/26/10 AGGREGATE $1,000, OOO / $ DEDUCTIBLE ~C $ RETENTION $ $ AND EMP TION LOYERS' LUIBILJTY X TORY UMRS ER D R~XECUTIV~ A NF ~ ~ TSF0001080533 07/16/09 07/26/10 E.LEACHACCIDENi $ 500,000 ~ E (IiMndetay b NH) Ll / E.L DISEASE - EA EMPLOYEE $ 5OO , 000 M qes, descnbe under SPECIAL PROVISIONSOeIOw E.LDISEASE-POLICY LIMIT $ 500,000 $ oTMER 1Rquip:aent Floater QT6600768C347TLC08 07/26/09 07/16/10 DESCRIPTION OF OPERATIONS! LOCATIONS / VEHK:LES /EXCLUSIONS ADDED BY ENDORSEMErrT /SPECIAL PROV~NS Project: GreeaMOOd Softball Complex Phase =, III,& IV Aeaovation Project No. 3385 GL/Auto: Additional Iasuzed as required by arrittea insured contract Travelers Builders Risk Policy 8QT6604239L281 effective 2/15/10 - 6/1/10, $650,000 Limit, $2,500 Deductible CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFO RE~E EXPIRATION CICC-C5 ~ DATE THEREOF, THE I~UINCs INSURER WILL ENDEAVOR TO MAIL 3O '' DAYS WRRTEN NOTICE TO THE CERTIRCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SMALL City og Corpus Christi IMPOSE NO OBLK:ATION OR LUIBILRY OF ANr KIND UPON THE INSURER, RS AGENTS OR Department of eCagiaeeriag Svcs t Ad i t t t i C REPRESENTATNES. or rac n ra on m s Attn: PO sox 9177 AUT NTATNE F~ o s Christi TX T8469-9177 V Y ACORD 25 (2009101) ®1988-2009 A~ORD`COfO~ORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/'01) Iteto 20. -LIBERALIZATION tircnon IV - Cummerdai Ganrral Liabilitc Condidt>ns is amendrd to add thr fi,tluwing: 10. Librealizati~n If we adopt a change in otu forms ur nilr which world broaden yotu ct,vrragr withnttt an extra charge, thr bn,adrr a,vrraRr will apply to this Ix,licy. This rxtrnsu,a is rffecttve upon thr appn,val of such bamdrr cacrcage m yotu start. Authori¢ed Representstive: Name (Printed): R. M. Lee Title (Printed): Managing Partner Swantner 8 Gordon IltiY cml~xx,mnt ,a rxacutrd by thr 1'rrnuum S I:ffncnve Date 07/26/2009 Hxpiratnm [)ate 07/26/2010 I~ur attachment to Policq Nu. WC291462429029 .luJit Baaia / Issutd 'ro J ;ta_Rtr.,at~ ,1 rKt~.tnt:~r ~ :uuntenigneJ by __ .1~ub.xt~ed ae(nclton,n~e lcsutrl ~akx Uf6ce a,n! Nom. l:nJ. ,r'~ Nu. LG 3180 09 07 Page 8 of 8 .l prrer,n c or organizaw,n's status as an ariditiunal insured under this rndorsrmrnr ends when the agreement with vnu fi,r such leased ryuipment reds. S. Waives of Subrogation For any arklitiunal insured that obtains insured status on chic pr,ljcy tha,ugh paragraph A., above, wr waive am rtgitt of recovery we may have against the arWitioaal insured because of partnents we make for "bodily injure ". "prapem damage" er "prrsonal and advertising injury ` caused, in whole or in M~ by gr,ur mainrenanrx, uprratu,n or usr of ryuipntrrrt leased ru you 6y such prrxm ar organizatirm. C. Otlber Imtrrancc This insurance shall be excess osrrr am rather instrarancr avaihble to the additional insured, whether such insurance is un an rxcrss, crmtingrnt or pcirrtary Msis, unless yrw arc abligatrd under a wattcn agrrrmrrrt to prucide liabiliry insurance &,r drat additirunl insuml rm any rather basis. [n that event, this policy will apply snkly cm the basis crytured by such written agrermtnt. To the extent chat the additx,rol insured has the tiKhc m purser any other insurance carrier for crrvrragr, including a Jrfrnsr, wr shall share that ri8ltt avith the aclditiotra! insured. Item !5. - Er10WLEDGE OF OCCURRENCE ~ubpacagraph 2.a., b. aril c. of Condicq,n L tirction tY -Commercial Genrtal Liability Conditions are amrncied to add the folk,winK .1s ucrd in this paragraph, the word "yrw" refers n, an "executive c,fficrc", partner, member ur Irgal representative, arnl any other "rmplnyre 'with InStrrance rfL reek management asp,asibilitirs. Item 16. • UNINTEN?IONAL ERRORS AND OMISSIONS Paragraph 6. of tircrir,n iV - G,mmercial C.rnrral I.iabiGry Conditions is atnrnrird tc, add the following: Am+ unintrntu,nal error ur omissum in the descriptum af, or failure tt, campktely describe, any premises or „prcatums intended to br a,vrred by this pr,liry will rN,t invalidate ur affect coverage fi,r nurse premises ur uprcan,ms. Huwevct, you must report such error or onassu,n h, us as scam as practicable afar its discovery. This pmvisum dues m,t affect our right to collect additi<maI pntniwa or rxrt~cise our tight .,f caacrUatxm or rum- rrnrwal Item 17. -BODILY INJURY REDEFINITION The dr6nition of "brxlily injury" in Srctirm Y - DEFINITIONS section is rrplacrd by the following: "&,rii1P injury" means bodily injury. sickness or disease sustained by a person. [t incksdes death or mental anguish, which results at any roar fr,rn such physical harm, physical sickness or physical disease. Aiental angt~tch means nay npr of mental r,r rtnutional illness or distress. Item 18. -MOBILE EQUIPMENT REDEFINITION Paragraph l2. f.(1) (aj, (b) and (c) of Srctum V - Definitions darn not apply to self-propelled vehicles of less than ItklO pounds gn,,ss vrhicle weight. Item 19. -SUPPLEMENTARY PAYMENTS tiectiun 1 - Covrragrs, ~upplernrntary Payments - Coverages A and B, item 1. b. arxi 1. d., rrsprctively, ue rrplacrJ with: b. Up to 52,500 far cost of bail br mds required because of accidents nr traffic law violatu,ns arising out of the use of any vehicle n> which the &,dily Injury Liabiliry Cuveratire applies. Wr rk, nor havr to furnish cheer bonds. d. .~11 reasr,nable expenses incurred by the insured at out request to assist us in thr investigation or defense of the claim r x "suit' including substantiated loss of rarnlnK.s up to SSW a day because of time off from work. LG 3180 09 07 Page 7 of 8 C. E,tcluaiom This insurance dues nut apply to: L ,any premises ur ryutpment leased n, ycw_ 2. .any ctmsuucti+m, rrnovanott, drmnlition of installaticm opetarinns performed by nr on behalf of you, or thcwr operating on your behalf. D. Other Ins»rstace The insurance providrd by this rnck,rsrntent applies only t„ covrraKrs and limits of insurance rryuirrd by written aKrermrnt, but in tx- event rxcrrds rtthrr the scope of cnvcragr ur the litttits of insucatKe available within this pnl~y. Tius utsurattce sl,aU br e,:crss Duet any other insutartcr available tv, thr additional insured, whrther such insuntxr js on an rxctss, cc-ntingrnt .K pnntary basis, unless you are obtigateci under a written aKrermcnt d, provide liability iawcance fnc that additional insured on any othrr basis. In that evrnr, this pc,licy will apply sc-lrly ,m thr trials rryuired br such written agreement. Tc, the extent that the adclita,nal insured has the right m pursue any other insurarce cartirr fur cuver*r, inctueiinR a defense, we shall share chat right with the additicnal insurcd. J Item i2. -ADDITIONAL INSURED -ARCHITECTS, ENGINEERS OR SURVEYORS A. Sectioa lI -Who Is An Insured is amended to include as an additional insumi any architect, rngirrerr, ,n surveyor engaged by y<w but only with rrsprct to liability fcn "bodily injuzc", "property darrtage" or "personal and adverticityS injury" caused, in witolr nr in pact, by your acts nr c,missicros ur the acts ur omissux,s of ttu,sr acting c,p yrntr behalf: L [n connrcti~m with your premises; or 2. !n the prrfi,crnance of your angoirtg operations. B. VPith rrsprct to the insurance affodrd a, these additu,ml insureds, the f„ lk,wing additional rxclusa,a apples: This insunncr fors Writ apply to "bodily injury". "property damage" ur "persona! and advrzti9ittg injury" caring nut of the rendrar,R of or the failure n, tender any professional services by ur fix you, including: L Thr preparing, approving, ur failing a, prepare or appr,ve, maps, shop drawings, opinions, reports. surveys, t1r41 onlrn, change onlrrs or drawings and sprcificariunr; or 2.5uprrvisnry, inspcceH,n, architectural nr rnKinerring activities. Item 13. -ADDITIONAL INSURED -STATE, MUNICIPALITY OR POLITICAL SUBDIVISION - PERMI?S Section Ii - Who G An Insured is ameaclyd a, include as an additu,nai insured any state, municipality or Ix,litical SubdlVrSNM wrtlt LCSpCCt to any „prraIIuns pttfumted by yUU, ur on your behalf, fur wt,~h the state, municipality ur political subdivisi~m has issued a permit l[owrver, this insurance d,xs nor apply to: i. "Brxlily injury," "pmprrty damage" or "personal and advemring injt,ry" arising out of nprndutts prrfcttrrtrd &,c the state, municipality or political sut,divisu,n; or 2. .~lny "b„day injury" or "pt„prrty damage" included within the "pnxlucts-a,mpktrd „perations hazanl", except wilco rryuired by written contract nr agreement initiated prior to loss; ur 3. "Bc,dilq injury;. "proprrty damage" nr "persona! and advrttising injury:' unless nrgligrntly caused, in wtx,lr or in part, by you ur those acting on your behalf. Item 14. -ADDITIONAL INSURED AND WAIVEA OF SUBROGA?ION-LESSOR OF LEASED EQUIPMENT A. Section II -Who la An Imuced is amradrd n, inchrdc as an additional insured any prrson ur organization from whom you lease ryuiprnrnt when ycw and such person ur organization have agreed in a wattrn agreement that such pers,m oc orgartizaticm br addrd as an additi-mal insured nn your pc-ticy. tiuch pecs,m or orRanizatN-n is an insured only with respect a, liabi4ry fur "lx,dily injury", "pn,pcrty damage" or "prnumal and advrttiring injury" caused, in whole or in kart, by your matntenancr, oprntu,n or use of ryutpmrnt leased tr, cuu by such person oc organizaa„n. ' There is no covrraKr for the additu,nal insured fur "bodily injury" "property damage" oc "prrsunal and advertising injury" aririnK out of thr sole nrgliKencr of thr additonal inrurrd uc by those acting un behalf of the additiumf insured. LG 31 t30 09 07 Page b of 8 Thu insurance does not apply: L to "M,dily injury", "pnrprrty lamalr° or "persona! and advertising injure" ari.4utg out of the rrndrrirsg of, ur the failtuY to rrndrr, am professional architectural, anginrrrittti or sttcveyirtg servtcrs, including: a. Thr prepaartg, appn,virtg, nr failing to prepare or approve, maps, slu,p drawings, upinion4, reports, surveys, firW orders, change urdrrs or dnwingx and specifuatioa,; ur b. Suprrvisore, insprcaon, uchitrctusal oc rngu-rrnng acti<~tirs. 2. n, "bodih injury" or "prcpterte damage" that occurs during the cmgoirtg c,prranons of a project where you have purchased an (hvnrrs & Gmtncturs Pn,trctivr Liability ur Raiir<»d Pa)trcti~~r Liability Policy fi,r the additional insured. 3. when coverage is available urxler a ccrosoliJatrd (wrap up) in.RUrance pmtitam ut which ycx, are invuh-ed. D. Other Iaswatsce 'The insurance provided by this rndorxement applies only to coverages anJ Ionics of insurance rryuired by wnttrn agreement, but in a, event eureds either the scope of a wrrage or the limits of tnsurancr available within this policy. This insurance shall be excess crvrr any other insurance available n, the additional insured, whether such insurance is em an excess, contuttgent or primacy basis, unless you ur obligated under a written agreement u, provide liability insurance for that addidimal insured ext any other basis. In that event, this pc,iicy will apply sc,irly on the basis required by such written agreement. Tu the rxrrnt that the additional insured has the right to ptusur any other insurarancr carver fur coverage, including a defense, we shad share chat right with the additional insured. Item l[. -BLANKET ADDITIONAL INSURED AND WAIVER OFSUBROGATION -PERSON OR / ORGANIZATION J A. Section II -Who la An tosured is amertdrd to include as an addiriuna) insured any prrscm nr urgartizaticxt to wttotn yew are obligated by a writrrn agrerntcrtt n) pn,cvre additional insured coverage, but ody with re.4prct to liability Fi)r "bcxlily injure", "pn,petty damagt" ur "per.4ema1 and ulverdsirtg injury" caused, in whole or in part, by your acts or c,mi.4sums or the acts or oatisaK)tts of cheese acting on your behalf 1. In the prrfi,mance of your cxtgc,ir,g operations; os 2. In conrtecwm with premises utvnecl by you provided that (a) the "ix,dily iniurv', "property damage" or "personal and advertising injury.. giving rise to liability cxcurs subseyuenr n) the execution of the agreement; and (b) the written agreement is in effrec at the tint>K of the "bodily injuryy ', "property damage", "presonai injtuq" oc "advertising injury" fire which cnvenge h sc,uglrt. That person or ury,.aniaad,m shall be cefeaed m as the additicxral insured. Thrrr is no cuvrcage fur the addidoaal in.4ured fire "bodily injury", "property JartraRe" ur "personal and advertising injury" aci4ing cwt of the sole nrgGgrnce of the additional insured or by thc,se acting on behalf of the additional insurrel, except as provided below. If the written agreement n, indemnify an addidontd insured requires that you indemnify the additional insurrcl fire its sc,le neglµ~rncr, then the cuvera}+e for the additioaal insured shall axrfoem m that agreement; provided, M,wrvre, that the contractual indemnification language of the agreement is valid under the law of the state where the agrrertrent was formed. If the written agreement provides that a particular state's law will apply, then such provi.4ion will br hottorrd. B. Waiver Of Subrogatioa For any additional insured that obtains insured status on this policy rhrougFt pam}`zaph A„ above, we waive any tight of recovery wr may have again.4t the additional insured brcau.4r of payments wr make for "be,dily injury", "pn,pem damage" or "personal and advertising injuc~' to which this insurance applies. LG 3l 80 09 07 Page 5 of 8 Z. .env crmsttvctiun, rrtxrvation, JrmoGtion or insmUaciutt a,peratiuns performed by ur un behalf of the ~ddiormal Insured. 3. .any premises fur which coverage is excluaicd by rndnrsrment. D. Other lmurance Thr insunncr provided by rhix rndnrsemenr applies only m coverages and limits r,f insurance tryuired by wdttrn agrermrrrt, but in ru- event exceeds aithrr the scope of coverage ur the limits of insurance avadablr within this pr,licY. This insurance shall br rxcrss over any other incurartcr available n, rhr additN,tnl insured, whrthcr such insurance u on an rxcrss, contingent or primary basis, unless you are obligatcd under a writtcn ag~rrment m pn,vidc liability insurance fur that addinunal insturd un any uthcr basis. In that event, this policy will apply s„lely un the basis rryuirrd be such written agreetnrnt. Tu the extent that the additional insured has the right to pursue any other insurance cattier for cuveragc, including a Jrfrnse, we shall share chat right with the additions! inaurrd. Ism 10 -EXPANDED BLANI~T ADDITIONAL INSURED AND WAIYER OF SUBROGATION (FOR INSTALLATION EXPOSURES) A. Section II - Wleo Is An Insured is amended to inchtde as an insured any persam ur r,rganizadon n, ahom you are ubliRatrd by a written afm~erttent to pnxure additional insured crrveragr, prrwidrd that: 1. the "bodily injury; , "pa,perry damage," or "prrsotral and advertising injury" giving .rise to tiability occurs subsryurnt co the execution of rite written agreement arul 2. the written agrermmt is in effect ar the tirtre of the "brxlily injury," "property darrugr;' or "pezsa,nal and advertising injury" hn which covcrapc is sought. That prrsrm ur urganizatirm shall be referred to as the additional insured. Thr coverage affi,cdrd to the additirmal insured is limitrri to liability caucrd, in wix,k ar in part, by the negligent acts ur omissions of year, your employers, yrnu agents, or your subcrmtnctots, in the prrfi,rmance of your rmgoing r,prtatirms. This rnsursncc duns mu apply to "budJy injury: ' ur "ptopctty damage," "pcrsrmal and advertising injury" arising out of "vuur work" included in the "pruducm-cauapleted operations hazard" unless ya,u ate teyuired to provide such cnvrragr Eor the additional insured by the written agrrrment, and then only fen the period of time rryuirrd by the writtrn a~rerrtrat and only fur liability caused, in whole or in part, by the negligent acts r-r ~mvssiuns of you, your cmpluyres, your agents, or y~n,c subcrmtnctrm. Thee is nu covcrage !ur the additional insuccd for "lx,dily injury", "property .damage" or "prrsa,nal and advcrtising injurd' dosing out of the sole negligence of rhr additamal insured ur by those acting un behalf of the additional insured, except as panndrd below. If the written agrrrment to indemnify an additional insured reyuires that yew indemnify the additional insured for its suit nrgGgrnce, then the crnrcragc for the additional insured shall amfurm a, that aKree»rent; provided, however, that the contractual inalemrriftcatum language of the aKreemrnt o valid under the hw of the smre where the a}lrrrmrnt wai formed. If the written aRterrttent provides that a pardcvlar smte's law will apply, then such provision will br hrmurrJ. 8. Waiver Of Stsbrogatioa For any additional insured that obtains insured status rm this policy tha,ugh paragraph ~., about, wr waive any right of recovery wr envy have against the additir,na! insured because of payments are malty for "lx>dily injury", "pn,prttq darr,age" or "pcrsottal aril advertising injury' to which this insurance applies. C. Exclusion Vl'ith respect n, the insunncr afforded to these adalitiunal in.4urrds, the fopuwing adrioonal exclusions apply: LG 3180 09 07 Page 4 0[ 8 Item 7. -HEALTH CARE PROFESSIONALS AS INSUREDS Paragraph 2.a. (1) (d) of Section II - WM, k An incuud is deleted un[exx: (i) 1',w au etq~agrd in thr occupation ur buxrrsrss of providing ur offering tnrdical, surgical, dental x-ray or nursutg semcrs, treatment, advice ur mstructr,m; or (iij The "employer" has env ~xher inxurarue that woukl alcr, ewer claims arising under this pt,n~su,n, whrthrr the other insurance ie potnarr, rxeexe, contingent ur un any rnhrr basis. Item 8. -NEWLY FORMED OR ACQUIRED ENTITIES Paragraph 3. of Section I2 -Who [s M lnaured is replaced by the following: 3. .any otganizatium, other than a joint venture, y„u newly uyuire or fi,cm and over which you maintain trtajr,ritr ownership of tnajurity incrust, will yualjfy as a Named Insure) if thru is pn other sitttilar insurance available to that organization. a. Coverage utxlrr this pn,vi'niutt ri of&ttJrJ only until i. the 180th day after y<w acquire ur form the organization; .,t ii. operate coverage is purchased &,c the , rrganiaation; or iii, the end of the polity period, whicfirver is earlier. b. Coverage A does m,t apply to "bodily injury" or "property damage" drat rKC,ured before yti,u acquired ur ft-nried the organization; and c. Coverage Bdors nru apply to "pemonal and advertising injury" arising ,rut of an offrner cumrnitted before you acquired ur fimned the ucgrnrizatu,ri. !~.- prrson nr organization ri an irieurrd with usprct to the corxiuct of any past partnership, current or past joint ventuu uc past limited 6abiltty c„mpariy that is iwx shrnvn as s Named Insured in the Drckuatiuns. ltem 9. - BLAN~T ADDITIONAL INSURED AND WAIVER OF SUBROGATION-MANAGERS OR LESSORS OF PREMISES A. Beeline II -Who Ia As Iruured is amended «, include as an insured any manager oc lessor of premises IrasrJ by you in which t}te written lease agreement obligates you «, pn,ctur additional insured coverage, provided that. 1. rhr "bodily injury", "pn,perty damage" ur "personal and advertising injury" giving rise «> liability „ccuu subsequent to the exrcudon of the agreement; and 2. the written agreement is in effect ac the time of the "bodily injury', "pa,prrty damaE+e", "persrmai and advertising injury" fur which coverage is caught. That person oc osganizatirm shall be ufernd ro as thr addititmal insuud. The coverage affi,rdrd m thr additional insuud ti liaritrd to liability in connection with the ownership, rnainteoancr ur use of the premises leased «, you and caused, N wM,le or in part, by settee negligent acts ur omissions of you, }v,ur rmpbyces, your agents. or your subcontractors. Thou is nu coverage for the addititmal insured fi,r "bodily injury", "pruprcty damage" ur "per. oml and advertisirtR injury" arieierg out of the sole negligence of the additional insure) ur by tlu,xr acting on behalf of the additional insured, except as provided brlocv. If the written agreement m indemnify an additu,nal insuud reyuius that you indemnify the adrlitioaal insured f,rc its sole negligence, then the anrcragr fire the additional insuud shall conform to that agreertirnr, pmvidrd, however, that the contractual iademnification Luigtiage of the agreement is valid uexiec the law of the state whru the agreement was formed. If thr written agreement pn,vidrs that a particular .rtatr's law wi11 apply, then such provieion will br Ix,ni,rrd. B. Waiver Of Subrogation Fur arty additional insured that obtairLe insured status on this lx,ficy through parngnph A., above, we waive any tight of recovery we may have against the addidunal insured because of paymrnts we make fur "lx,dily injury", "pr~,perry damage" or "personal and advertising injury' to which this ursunncr applies. C. Ercclusiora ' This insurance does not apply to: 1. .any "r,cCliRenCC' that takes place after you cease to br a tenant in char premises. LG 3180 09 07 Page 3 of 8 (2) Prrmtses quo sell, give away, ur abandon, ,f the "pn,prrty damage" apses out of any part of those prrrtusrs, and ~,ccvrs fn,m hazards that were known by you, or should have reasonably hero known by you, at the tithe the pn,prrtt• was transferred or abandrmrd item 4. -PROPERTY IN YOUR CARE, CUSTODY OR CONTROL t. tiubpuagraphs (3) a,td (4) of rxcluei,m i. of coverage A. dr, ttr,t apply except n, (s) burnwed eyuipmrn4 ut ro) "property damage" to property in your cur, custody and ccmtrul while in transit. This insuratce duns not apply n, any portion of a loss for which the insured has available any other valid and col-rctibfr assurance, whether pntrnry, excess, cuntiry,,rttt, ,x rm any other basis, unless such other insutancr was specifically purcitasrd by the insured to apply in excess of this pu6cy. 2. Limits of Insurance tiubjrct to Paragraphs Z., 3., and 5. of tireti,m III - Limits Of Insurance, the must wr will pay for insuraner pn>vided by paragraph 1., above ie: 510,000 Each (kcurrrncr Limit 525,1)00 Aggzegate Limit The Each t kcurrrnce Limit fur this coverage applies a, all damages as a result of arty one "uccuurner' regardless of the number of persrms .x ucganiZatuxss who sustain damage because of that "occurrence." The .~ggregatr Lunn is the must we will pay fur the sum of ail uccuttertcrs covered by this pruvicum. Item S. -DAMAGE TO PREMISES RENTED TO YOU -EXPANDED COVERAGE A. Fite. Ltghtntng t )r Expk,sian Damage The last paragraph of 2. f"sxciusirxss under Section I - Coverage A is replaced by the following: Exclusir,nc c. thn,ugh a. do nrx apply to damage m premiers rented n, you or trmpumtily r,ccupied by you with prratusa)n of the owner when the damage is caused by fire, lightntrtg, uz rxplusirm oc subseyurnt dasrtagrs resulting fn,m such fire, lightning or explosion, including water damage. A separate ljrttit of insurance appfirs to this coverage as described in Sectirm III -Limits of Insutartcr. B. Limits fur Damage to Premiers Rented to 1'ou Paragraph 6. of Srcdrm III _ Limits of Insuraner u replaced by the fuUtwing: Subject n, S. above, the Damage ru Ptrmtses Rented m You Limit is the most wr will pay under Coverage A fur anv combination of: (a) damage caused by fire, lightning, or rxpk,sion or subseyurnt damages eesultittg frrxn such foe, tighttting ur explosion, including water damage to premises rented to you, ur tempuraaly occupied by you with prtmissum of the rwner; and (b) "pn,perry damage" (aches than damage by Err} tr, pumices, including the contents of such ptrtnises, rented n, you for a perixl of 7 or fewer consecutive Jays. item 6. -BODILY INJURY TO CO-EMPLOYEES 1. tiubjrct a, the Each (kcurrmcr Limit atxl the Grnrzal ~¢egarc Limit, Paragraphs 2.a.(1)(s), (b) and (e) of tiECTII )N Il - Q61x, Is an Insured du nut apply to your supervisory or manati'rrmnt "employers" for "M,dily injury" only. 2. tiubject n, the Each (kcurrencr Limit and the General Aggregate Limit, Paragraphs 2.a.(1)(a), (b) and (e) of tiECT!( )Iv II - ~G'ho is an Insured du nut apply to your "employees" or "vuluntrrt workers" for "fx,dily injury" arisinK out of a Gwxi Samaritan act to a «,."employer" ur a,-"volunteer worker." A Gra xi Samaritan act means an attempt n, rescue ut aid a prtsrm in imminent ur srtioue peril, pmvaieJ the attempt is nut rrcklrssfy made. Damages loved to an ,n~urrd ctr"employer" ur "volunteer worker" will be reduced by any amount paid ur available to the injured cu= `employer" „r "volunteer an,rkrr" under any other valid aril cofkctibie insurance. LG 3180 09 07 Page 2 of B Policy No: YYCZ91452429029 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIBERTY DiitectSolutions for Contractors This rndorsrtnrnt nxxiifirs insurancr pan~idrd undrr thr fi,Uc,wtng: CU~Iti IERCL~i. GENER~I. LL~BIL[17' C(.)VFR~GE P?-RT This rndc,rsrment modiFtrs insurance by bandrnutg thr insurance providrd by CG 00 Ol . modified items: Item 1-REASONABLE FORCE lam 2. -NON-OWNED WATERCRAF? EXTENSION Item 3. -ALIENATED PREMISES Item 1. -PROPERTY IM YOUR CARE. CUSTODY OR CONTROL Item 5. - DAMAGE TO PREMISES RENTED TO YOU -EXPANDED COVERAGE Item 6. -BODILY INJURY TO CO-EMPLOYEES Item 7. -HEALTH CARE PROFESSIONALS AS INSUREDS Item e. -NEWLY FORMED OR ACQUIRED ENTITIES Item 9. - BI.ANI[EI' ADDTIIONAL INSURED AND WAIVER OF SUBROGATION-MANAGERS OR LESSORS OF PREMISES Item 10. -EXPANDED BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION (FOR INSTALLATION EXPOSURES) Item 11. - BLAN=E?ADDITIONAL INSURED AND WAIVER OF SUBROGATION -PERSON OR ORGANLZATION Item 12. -ADDITIONAL INSURED -ARCHITECTS, ENGINEERS OR SURVEYORS Item I3. - ADDITIONAL INSURED -STATE, MUNICIPALITY OR P'OLTTICAL SUBDMSION -PERMITS Item I!. -ADDITIONAL INSURED AND WAVIER OF SUBROGATION - LESSOR OF LEASED EQUIPMENT Item 1S. - KNOWLEDGE OF OCCURRENCE item 16. -UNINTENTIONAL ERRORS AND OMISSIONS Item 17. -BODILY INJURY REDEFINI'I10N lam 18. -MOBILE EQUIPMENT REDEF[MTION Item 19. -SUPPLEMENTARY PAYMENTS Item 20. -LIBERALIZATION These chattgea broaden the polity aectiom deacn'bed utrlesa differittg langoage is separsaly eadooed to the coverage P~ Item 1. -REASONABLE FORCE Exclusion a. of Coverage A is rrplaced by thr fi,llowittK: Exprctrd ur Intrnded Injury "Bodily injury" oc "pn-peny damagr" exprcted or intended from the standpoint of the insured. This rxclusion dors tx,t apply to "bcxlily injury" nr "pa,prrry damage" resulting fain thr use of rrasnnable forcr to prutrcr prrsons or property. Item 2. -NON-OWNED WATERCRAFT EXTENSION Subparagraph g.(2) of Exctusu,n g..,f C,rvrrage A (Section I -Coverages) is repiacrd b!' thr following: (~ .~ watrrcrafc you du not c>wn tha[ is: (a) Less than 55 frrt long; aad tb) Nur bring used fi,r public translnurarion nr as a common carrirr. Item 3. - ALIENATED PREMISES Subpara~aph j.(2) of Exclusions of Srcticm I - Cuvrragrs -Bodily lnjury .end Pa,lxrry Damatir Liability is rrplacrd by tl[r foUuwittK: LG 3180 09 07 Page 1 of 8 Policy No: ASJZ91452429019 THIS ENOORSEM~NT CHANGES THE POLICY. PLEASE READ R CAREFULLY. TEXAS ADDITIONAL INSURED This endorsement modfies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARR~R COVERAGE FORM TRUCKERS COVERAGE FORM Witit rospsd to coverage provided by this endorsement. the provisions of the Coverage Form apply unless modiRed by the endorsement. This endorsement changes the policy eAedivs on the inception date of It-e policy unless another date is indicated below. SCFIEfDULE City of Corpus Christi Engineering Services Contract Administr~or PO Box 9277 Corpus Christi, TX 78469-9277 (If no entry appears above, information roquired to complete this endorsement wNl be shown in tine Declaratona as applicable to this endorsement.) A. Who Is An Insured (Section II) is amended b include a$ an 'Snsurod" the person(s) or organization(s) shown in the Schedule, but only with reaped to their legal ~biGty bracts or omissions of a Penton for whom Liability Coverage is afforded under this pdicy. B. The. additional insured Hamad in the Schedub or Oeclaretiona is not requirod b pay for any premiums stated in the pdiCy or earned from the policy. Any rotum premium and any dividend, it applicable. declared by us sha8 be paid a you. C. You aro authorized to ad br the additional insured named in the Schedule or Declarations in all matters pertainirp to this insurance. 0. Ws will mai! the additional insured named in the Schedule or Dedaratbns notice of any cancellation of this policy. If vve cancel, we will give 10 days rrotice to the additional insured, E. The additional insured named in the Schedule or Declarations will rotain any right of recrnnery as a claimant under this policy. ® ISO Properties. Me. Auttwr¢ed Representative: Name (Printed): R. M. t.ee Title (Printed): Managing PaMer Swantner 8 Gordon Policy No: YYCZ91452429029 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY. TEXAS CHANGES -AMENDMENT OF CANCELLATION PR01/ISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCUtL GENERAL LIAB~ITY COVERAGE PART / LICUOR LtABILITIf COVERAGE PART OWNERS AND CONTRACTORS PROTECTNE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WRNDRAWAL COV6tAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PMT RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation of material change That reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice ai< carxetlation or material change to: scHEDULE t. Marne: City of Corpus Christi Engineering Services Contract Administrator PO Box 9277 Corpus Christi, TX 711469-9277 2. Number of da advance notlce: 30 ® ISO PropeRNa, inc. Authorized Representative: ~~ / Name (Printed): R. M. Lee Title (Printed): Managing Partner Swantner & Gordon Policy No: ASJZ91452429019 TH18 ENDORBEMENT CHANGES THE POLICY. PLEA8E READ R CAREFULLY. TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the fdlowing: BU81NE88 AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKER8 COVERAGE FORM Wilk respect to oovera~ provided by this endorsement, the provisions of the Coverage form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of fhe policy uMess another date is indicated below. Number of Days' Notlp 30 Days V SCHEDULE Name Of Psraon Or Orgaeisation City of Corpus Christ Engineering Services / Contract Administrator ~/ PO Box 9277 Corpus Christi. TX 78469-8277 It this policy is canceled or materially changed to reduce or restrict coverage, we will mail notios of cancellation or change to tfte person or organization named in the Schedule. We will give the number of day's notice indicated in the Schedub. ® 180 Propsrtles, Ine. Authorized Representatlve: J Name (Printed): R. M. lee Title (Printed): Managing Partner Swantner 8 Gordon WORKERS' COMPENSATION AND EMPLOYERS WR9WTY MIStJRANCE POLICY WC 420601 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT Thb er>dorssmsnt applies only to the Insurance provided by the poNcy because Texas b shown Nt Item 3A. of the IMomnatlon Pape. In the evsM of canceNaUon or other ntsterial change of the poloy~ we will maN advsnce notlcs to the person or orpetnlzation Warned in d1s Schedule. Ths number of days advance natloe b shown m the Schedule. This endorsement shall not operate ditecNy or indirectly to bstielil anyone not !tamed in the Schedule. Schedule 1. Number of days advance notloe: 30 2. Notloe wiU be mailed to: City of Corpus Christi / department of Engineering Services - Attn: Contract Administrator Vbb PO Box 9277 Corpus Christi, TX 78469-9277 Authorized Representative: ~~ Name (Printed): R. M. Lee Title {Printed): Managing Partner Svvantner 8 Gordon Thla arfdoraarrfarft IIN poAoy to which R M atlacMd NhdM on fife tfo~pllon data of tlfa paaoy uNaw • d1MpMd drib k 4xMcatad hatow. (Tha tabwMiY'aaaohlnp alafwa~ rfaad ba oonplatad aMy whu- ihb andaaunurt N bsfrad aubaaquant io proparatlen of tlfa Pab'Y.) Stfis erdarsamant, on PoNcy No. TSF-0001080533 20090726 issued to Garrett Constructlon Company Premium ti wcasoeo~ {aa ~-eK) / at 12:01 A.M. atandaN tins, lbrnrs a put o/ Jot the T~xst Mutw1 irfaurana~ Compar-y Eadrxsenunt No. / vv Autt-aisad Rapreseatagw i NSURED' S COPY BAHA1fIBLNt 7-31-2008 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET NAMED INSURED This endorsement modifies insurance provided under the IM PAK COVERAGE FORM. The following persons or organizations are included as a Named Insured when you have agreed in a written contract or written agreement, executed prior to loss, to name such persons or organizations as a Named Insured, but only to the extent of their financial interest in the Covered Property: 1. Owner(s) of Covered Property; 2. Mortgagee or Loss Payee 3. Contractors; and 4. Sub Contractors and Sub-Sub Contractors. Garrett Construction Company Travelers Policy No. QT6604239L281 Effective 2/15/2010 - 6/1/2010 Authorized Representative: '~ Nd~ Name (Printed): R. M. Lee Title (Printed): Managing Partner Swantner & Gordon Garrett Construction Company Policy No. QT66042391281 Effective 2/15!10 to 6/1/10 COMMON POLICY CONDITIONS -TEXAS All Coverage Parts induded in this policy are subject to the following conditions. A. CANCELLATION during the policy period and up to three years 1. The first Named insured shown in the Della- afterward. rations may cancel this poNcy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy or any Coverage Part by mailing or delivering to the first Named Insured written notice of cancellation at least: D. INSPECTIONS AND SURVEYS 1. We have the right to: a. 10 days before the effective date. of can- ceAation if we cancel for nonpayment of 2, premium; or b. 30 days before the effective date of can- cellation if we cancel for any other rea- son. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. if the policy is cancelled, that date will become the end of the policy period. if a Coverage Part is cancelled, that date wiN become the end of the policy period as respells that Coverage Part only. 5. If this policy or any Coverage Part is can- celled, we will send the first Named insured any premium refund due. If we cancel, the re- fund will be pro rata. If the first Named In- sured cancels. the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a re- fund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. CHANGE8 This policy contains alt the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara- tions is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as they relate to this policy at any time 3. 4. a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. We are not obligated to make any inspec- tions, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advi- sory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or rec- ommendations we may make relative to certi- fication, under state or municipal statutes, or- dinances or regulations, of boilers, pressure vessels or elevators. E. PREMIUMS 1. The first Named Insured shown in the Decla- rations: a. is responsible for the payment of all pre- miums; and b. Will be the payee for any return premi- ums we pay. 2. We compute ail premiums for this policy in accordance with our rules, rates, rating plans, premiums and minimum premiums. The pre- mium shown in the Declarations was com- puted based on rates and rules in effect at the time the policy was issued. On each re- I L TO 40 05 O7 O 2007 The Travelers Companies, inc. Page 1 of 2 newel continuation or anniversary of the ef- fective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. F. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in- sured. if you die, your rights and duties will be trans- ferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary cus- tody of your property will have your rights and duties but only with respect to that property. This policy consists of the Common Policy Declarations and the Coverage Parts and en- dorsements listed in that dedarat~ns form. In return for payment of the premium, The Travelers Lbyds Insurance Company (639) of Dallas, Texas agrees with the Named Insured to provide the insurance afforded by this policy. This company will be indicated as insuring company in the Dedarations by the abbreviation of its name -TLC, Service in Process may be had upon the State Official duly designated for such purpose in the State in which the property insured hereunder is located if the Company is licensed in such state; or the Commissioner of Insurance of the State of Texas, or upon the duly appointed Attorneys-in-Fad for the Company at Dallas, Texas. Under- writers at The Travelers Lloyds Insurance Company have complied with the laws of the State of Texas regulating Lloyd's Plan insurance and said statutes are hereby made a part of this policy. The entire assets of the Company support its policies, but each individual underwriter's liability is several and not jant and is limited by law to the amount fixed by his underwriter's contract and subscription and no underwriter is liable as a partner. This poNcy is made and accepted subject to the foregoing stipulations and conditions together with such other provisions, agreements or conditions as may be endorsed hereon or added hereto, and no agent or other representative of the Company shall have the power to waive any provision or condition of this policy. This policy is non- assessable and no contingent Inability of any kind and character attaches to the Insured named herein. IN WITNESS WHEREOF, the Attorney-in-Fact, Bruce Allen Backberg, Secretary, Travelers Lloyds Management Company, 1301 East Cdlins Boulevard, Suite 320, Richardson, Texas T5081 has executed this policy in Dallas, Texas, binding the underwriters at The Travelers Uoyds Insurance Company, but this policy shall not be valid unless countersigned by an authorized Agent of this Company. TRAVELERS LLOYDS MANAGEMENT COMPANY Attorney-in-Fad By: Bruce Allen Backberg, Secretary Authorized Representative: ~"' ~~_S, Name (Printed): R. M. Lee Title (Printed): Managing Partner Swantner 8 Gordon Page 2 of 2 0 2007 The Travelers Companies, Inc. IL TO 40 05 07